St. Paul daily globe., 1887-09-05
A WORD FOR SPARKS.

Considering the Immense Amount
of Work Done in His Depart
ment Reversals of His Decisions
Are by No Means Large.
Special to the Globe.
WASHINGTON, Sept. 4.-The secretary
of the interior holds that, in the case of
Hillman VS.. Thomas, the decision of the
commissioner is correct in holding the
entry of Rev. William Thomas, of
Bridgewater, for cancellation in the
Mitchell district, because ''it is clear
that he never made his residence upon
the tract in controversy" For the same
reason his decision is affirmed in the
case of Jones VS.. Waterbury, in which
1T is shown cOncluSively that Ezra b.
Waterbury never did reside upon the
land in controversy, in the same dis
trict. In like manner it appears that
Wilhelm Erdman failed to establish
legal residence upon land in the Fargo
district, and the decision of Sparks is
affirmed, holding the entry for cancel
lation. The decision of the commits
sioner is again affirmed in the case of
Annie Mccormick. in the Mitchell dis
trict. She claims to have fallen
upon ice, sustaining injuries which dis
qualified her from residing upon the
claim. But she recovered sufficiently
to work at neighbor'S two miles from
home, walking the intervening distance,
and was married and took up residence
with her husband. Similarly, in the
case of the appeal of Ira Heath, for re-
view of decision of April 81, 1887, in the
Huron district, the secretary denies APP
plication, in lengthy and elaborate
opinion.
These decisions were made in one
day, after full consideration of their
merits. They are given, not only as
items of fact and of interest, but to en-
phasiZe the denial of the repeated cal
umnies which have been published to
the effect that the secretary invariably
reverSeS the decisions of the general
land Office. A fair-minded lawyer, con-
corning the affirmationS and reverSalS of
decisions of the commissioner as made
by the secretary, says:
'sWhen it is remembered that the
cases passed upon by the commissioner
number thousands annually, and the
further fact that his court is in session
daily, nightly and almost hourly, year
in and year out, and when the number
OF cases acted upon is compared with
the cases ordinarily tried upon law and
fact in courts of common law, and if it
be always remembered that the whole
range of the land laws of the country
are involved in the decision of questions
coming before the general land office,
no judge in the land could do other than
praise Gen. Sparks for the success
which attends bis efforts. The reversafs
of decisions of courts by higher appel
late powers are not uncommon. judges,
Justices and attorneys, who are familiar
with judgments rendered and precedents
formed in ordinary courts, when they
consider the the work done by the com
missioner, can but be surprised that he
manages to deal justly with such uni
formity in SO many cases. His decisions
are reversed at times, but the number
of reversals is comparatively few. 1t
may be said that more of his decisions
are reversed, annually, than are re-
versed by higher courts for any judge.
But, it should be added, that more of
his decisions are annually affirmed than
are possible to be rendered and deliv-
cred by ordinary courts in ten years or
more. The work of the general land Of
flee is so great that its management is
not usually accredited with that acumen
and faithfulness which it deserves"